Indonesian Citizenship Concerns for Children through Mixed Marriages
The topic of mixed marriages in Indonesia can be riddled that has a considerable number of legal liabilities, regulations, along with concerns. As a result, you need to be aware of your rights along with obligations in order to marry an Indonesian citizen. This specific knowledge will only come through extensive research on your part, which should involve discussions with couples in which have recently gone through a process in which can be of interest to you.
Before the discussion on children’s nationality, the idea can be useful to explain the importance of the fresh immigration law (Undang Undang Republik Indonesia 6 – Tahun 2011), which came in effect on 5 May 2011. This specific law allows foreign spouses of Indonesians to apply for an ITAP (a few-year residency permit), after having been legally married For two main years. This specific development has been celebrated ever since the House of Representatives along with the Ministry of Justice along with Human Rights have agreed on a draft bill in which might no longer require foreign spouses to annually renew their residence permit abroad along with might give them a right to work.
To rephrase, foreign spouses will be automatically granted a permanent residence card as long as the Indonesian spouse provides sponsorship, along with expatriates might be able to stay within the country after divorcing their Indonesian partner as long as the marriage lasted at least 10 years, among additional things. However, the idea should be noted in which the implementing regulations are still being finalized, which means in which in order to avoid issues with implementation, you should carry a printed style of the law with you when approaching authorities. You can find an Indonesian PDF copy online just by searching the title.
When the idea comes to children, the importance of This specific fresh law can be evidenced in sections 54(1)(c) along with 60(3). Section 54(1)(c) states in which permanent residency may be granted to the husband, wife, along with/or children of a foreigner who holds a permanent residency permit. Section 60(3) states in which the permit for the applicants mentioned can be granted directly. This specific means in which if you or your children choose a foreign nationality as opposed to the Indonesian one, then permanent residency can be an option under law. Please consult proper authorities for further clarification.
The notion of dual nationalities must be discussed at This specific point. The citizenship law in which was enacted in 2006 drastically changed the status of mixed-marriage children in Indonesia. This specific law allows a child to have dual citizenship until they reach 18 years of age. When the child reaches in which age, he or she will have to choose one citizenship, either Indonesian or the additional. Between the ages of 18 along with 21, dual citizenship can be tolerated. However, the three year period can be considered to be a transition period, during which the child has to choose which citizenship he or she might like to keep.
Under the law, children in which are entitled to Indonesian citizenship include those who are born in a legal wedlock to a mixed-marriage parents regardless of whether the idea can be the mother or the father who can be Indonesian. Furthermore, the law provides Indonesian citizenship to children born out of wedlock with the acknowledgement of the Indonesian parent, to children in which are born outside of the territory of the Republic of Indonesia to an Indonesian parent, along with to legally adopted children. Eligible children must be below 18 years of age or unmarried, otherwise they must go through a normal naturalization process to obtain the Indonesian citizenship.
Children born before 1 August 2006 are not automatically entitled to double citizenship. Their Indonesian citizenship can be granted after an assessment along that has a procedure lasting four to six months. If the child was born before 1 August 2006, the parents only had until 1 August 2010 to complete the registration. If the registration can be completed after, fines are imposed.
Children born after 1 August 2006 are automatically entitled to the Indonesian citizenship. However, there are still procedures in which have to be completed. The procedure requires submission of some documents in which will result in an affidavit in which can be stapled into a foreign passport, which can be enough to authorize the children to stay in Indonesia without requesting a permit along with/or to exit the territory of Indonesia. Note in which there can be no need for an Indonesian passport, however the idea can be still strongly recommended in which you apply for a paspor RI (passport), especially if you intend to travel or have official double citizenship documents.
If you go through with the dual citizenship for your children, the idea can be highly advisable in which you also consult your foreign country authorities in order to confirm in which everything you are doing can be legitimate. the idea can be possible in which they may request some documents or confirmations through you.
As always, the idea can be highly recommended in which you seek advice through either those who have gone through the process or through legal counsel. Full discussion of This specific topic can be outside the scope of This specific editorial, along with the idea can be advised in which you research more information online via such websites as http://www.expat.or.id/info/mixmarriages.html#Dual.
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Indonesian Citizenship Concerns for Children through Mixed Marriages
Indonesian Citizenship Concerns for Children through Mixed Marriages